In a landmark ruling, a High Court judge has permanently halted a private developer’s construction project at Joe’s River in Bathsheba, St Joseph, affirming the public’s right to access one of the area’s most treasured natural sites. The decision, delivered by Justice Dr. H. Patrick Wells on Thursday, marks the culmination of a protracted legal battle between developer Richard Hains of Ullswater Investments Limited and local residents over generations of access to the river basin and surrounding areas. The judge’s 42-page judgment ordered the immediate dismantling and removal of all structures erected by the developer, effectively restoring public access to the site. The case, brought by residents Victor Lewis and Christopher Oliver, centered on a prescriptive right of way leading to the Joe’s River basin and the iconic Teacup and Saucer monument, a popular recreational attraction. Justice Wells cited subsection 35(2) of the Limitation and Prescription Act, which grants absolute rights to pathways used continuously for 40 years, as the legal basis for his ruling. The court also declared a permanent public right of way in the area and restrained the developer from erecting any future obstructions. St Joseph MP Dale Marshall, the attorney general, hailed the decision as a victory for the community, emphasizing the importance of preserving public access to the river. While the developer retains the right to appeal, legal representatives for the residents expressed confidence in their case, underscoring the significance of the ruling in safeguarding communal heritage and natural resources.
